Iowa’s Judges: Good for Iowa Businesses

The US Chamber of Commerce ranks Iowa’s judicial system as the 5th best in the United States.
This leads me to question why there is a current dispute about retention of judges in Iowa or about “the system”. In Iowa, we do not elect judges. Judges are appointed by merit selection. Merit selection and the judges we have appointed by merit selection are good for Iowa business. As an example, Acciona Wind Energy’s CEO said the company found it easy to move a manufacturing plant to West Branch, Iowa because it felt Iowa supported the industry at all levels of government.
Because we don’t elect Iowa judges, they do not “poll” voters to find out “which way the wind is blowing”. Judges’ decisions are not made to support a party or to please a financial supporter. The judiciary is a true check on the power of the legislature and on the power of the executive branch. It is the duty of the judiciary to defend Iowa’s constitution, regardless of which political party is in office, or what political trend is hot. The judiciary settles complex disputes between real parties regarding serious and difficult issues. The decisions are not always popular with particular interest groups.
It is important to keep judges out of popularity contests. A short-term win for the in-vogue issue inevitably becomes a long-term loss for fairness, justice, and our one-hundred and fifty year tradition of defending our state’s constitution.
November 2nd we vote on the 74 judges and justices who are up for retention statewide. I urge you to become educated about the individual judges and to support the fair and tempered climate created by decades of impartial decisions in Iowa.
Both sides of the political spectrum agree that Iowa courts are predictable and steady, which is good for citizens subject to Iowa laws as well as businesses trying to plan their futures in Iowa. An overwhelming “yes” vote for judges sends the message that we don’t want anyone to mess with the court system that put us where we are . . . at the top of rankings for business.
An overwhelming vote for the judges and justices this year also sends the message that Iowa’s citizens and businesses do not want to foot the bill for expensive judicial elections. Currently, judges cannot accept a gift with a value over $3.00. Last election, total spending in Iowa for judicial campaigns was $0. This may be compared to Alabama’s $40+ million.
Voting “yes” on November 2nd will send the message that we do not want the cost of “political” retention campaigns or, worse, the change of judicial elections. To consider the cost of change, review the US Supreme Court decision regarding judicial campaign financing in West Virginia (West Virginia courts rank 50th in the nation). This election, our overwhelming vote to retain our judges will send the message to private interests that our citizens and our businesses do not want to pay for judicial campaigns through increased association and labor dues; that we do not want our judges financed by special interest groups, business executives, unions, or lawyers currently involved in litigation, all who have historically been the largest judicial campaign contributors. Out of state interests groups are by their nature not in the interest of Iowa business.
Voting “yes” on November 2nd recognizes the competence of a judiciary that has operated quickly and efficiently with less personnel than many other states. Iowa courts handled a daunting 1,032,181 cases last year. If campaigning becomes the norm, efficiency will be affected. This year, a “yes” vote sends the message that we want the best judges, not the best politicians, in Iowa courts. A vote for judges this election is a vote against the need for billboards, TV commercials and political promises in judicial campaigns.
Iowa has an expert judiciary. Removal is rare. Judicial misconduct is rare. In the past forty eight years, out of thousands of Iowa judges, only four have been removed. Pertinent information about judges is accessible. Information about the process is available.
If you know anyone who located a business in Iowa, ask that person to evaluate Iowa’s legal climate and the part it played in the decision to locate in Iowa. Share their response through posts in this blog or through other forums.
As citizens and business leaders, we cannot allow outside interests to litter Iowa’s legal landscape.
- Christine Branstad